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California Supreme Court· 5/19/1888

Turner v. McDonald

Citations

  • 76 Cal. 177
  • 18 P. 262
  • 1888 Cal. LEXIS 852

Syllabus

<p>Vendo» and Vendee—Contract for Sake of Land—Perfect Title. — The title to land is not perfect, within the meaning of a contract for the sale thereof, unless it be free from litigation, palpable defects, and grave doubts, and consists of both the legal and the equitable titles, and is fairly deducible of record.</p> <p>Id. — Conveyance by Attorney — Interest of Mortgagee. — Where the authority of an attorney in fact to sell land is limited to such property as the principal owned or was interested in at the time of the execution of the power, a deed subsequently made by the attorney for land which the principal then owned, but in which his only interest at the time of the execution of the power was that of a mortgagee, does not convey a perfect title within the meaning of the rule.</p> <p>Id.—Eoreisn Will—Eailtjre to Probate nr This State.—The title to lands in this state is not perfect, within the meaning of the rule, when it is acquired through a quitclaim deed from a devisee under a foreign will which has never been admitted to probate in this state.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • addressing whether the trial court erred “in concluding that the appellant’s motion to amend the trial transcript [pursuant to O.C.G.A. § 5-6-41(f)] lacked justiciable issues of law or fact”
  • OCGA § 5-6-41 (f), which authorizes the correction of transcripts to facilitate appellate review, does not authorize corrections “after appellate review is concluded”
  • OCGA § 5-6-41 (f), which authorizes the correction of transcripts to facilitate appellate review, does not authorize corrections \after appellate review is concluded\

Source: CourtListener parenthetical corpus (CC0).

Judges: Belcher

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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